§ 90.99  PENALTY.
   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
   (B)   Violation of § 90.02 of this chapter is a civil offense. A person found to be in violation of § 90.02 of this chapter shall be subject to a penalty for each day the violation continues in accordance with the general penalties provided for by § 10.99 of this code of ordinances.
(Prior Code, Title III, Ch. IX, Art. I)
   (C)   (1)   In addition to the abatement remedies available, failure to abate a nuisance shall be a penal civil violation of this code of ordinances.
(Prior Code, Title III, Ch. XIII, Art. I, § 8)
      (2)   Sections 90.15 through 90.20 of this chapter shall neither limit, nor otherwise curtail, the right of the town or of any private person from commencing and maintaining an action in a court of requisite jurisdiction for legal or equitable relief against a public or private nuisance, including those specific nuisances identified in §§ 90.15 through 90.20 of this chapter.
(Prior Code, Title III, Ch. XIII, Art. I, § 9)
   (D)   (1)   The penalty for failure to abate a nuisance, per § 90.22 of this chapter, shall be not less than $25 and not in excess of the maximum general penalty of $2,500 for each violation of § 90.22 of this chapter.
      (2)   A person who violates the provisions of § 90.22 of this chapter shall be issued a warning ticket for the first offense.
(Prior Code, Title III, Ch. XIII, Art. II, § 3)
   (E)   Upon conviction for a violation of §§ 90.35 through 90.38 of this chapter, the person who ignited or supervises the fire or the occupant of the property where the burning occurred shall be assessed a civil penalty of not less than $25, nor more than $100, to which shall be added the cost of repairing damage to any public way caused by the violation.
(Prior Code, Title III, Ch. IV, Art. II, § 5)
   (F)   (1)   Each adult occupant of each pick-up location shall be responsible for compliance with the requirements of §§ 90.50 through 90.55 of this chapter and a failure by any adult occupant of a pick-up location to comply with §§ 90.50 through 90.55 of this chapter shall be a civil offense, subject to a civil penalty of $10 for the first violation and $25 for the second and each subsequent violation. Each day a violation §§ 90.50 through 90.55 of this chapter continues shall be a second or subsequent additional violation.
(Prior Code, Title III, Ch. VI, Art. I, § 7)
      (2)   A notice of violation of §§ 90.50 through 90.55 of this chapter describing the violation shall be served upon an adult person or persons at the pick-up location where the violation occurred. The civil penalty for the violation may be paid in the same manner as traffic citations are paid. The court having jurisdiction shall review a notice of violation at the written request made within ten days of the service of the notice of violation, filed by the person served with the notice of violation. It shall not be a defense to a violation that another adult person, other than the person served with the notice of violation, who also occupies the pick-up location and could have been charged with the violation.
(Prior Code, Title III, Ch. VI, Art. I, § 8)
   (G)   A person who smokes in an area where smoking is prohibited by the provisions of §§ 90.65 through 90.82 shall be guilty of an infraction, punishable by a fine not exceeding $50.
   (H)   Except as otherwise provided in § 90.77(A), a person who owns, manages, operates, or otherwise controls a public place or place of employment and who fails to comply with the provisions of this subchapter shall be guilty of an infraction, punishable by:
      (1)   A fine not exceeding $100 for a first violation.
      (2)   A fine not exceeding $200 for a second violation within one year.
      (3)   A fine not exceeding $500 for each additional violation within one year.
   (I)   In addition to the fines established by this section, violation of this subchapter by a person who owns, manages, operates, or otherwise controls a public place or place of employment may result in the suspension or revocation of any permit or license issued to the person for the premises on which the violation occurred.
   (J)   Violation of this subchapter is hereby declared to be a public nuisance, which may be abated by the Office of the Town Manager by restraining order, preliminary and permanent injunction, or other means provided for by law, and the town may take action to recover the costs of the nuisance abatement.
   (K)   Each day on which a violation of this subchapter occurs shall be considered a separate and distinct violation.
(Ord. passed 3-1-1995; Ord. passed 4-14-1999; Ord. passed 7-2-2001; Ord. passed 9-6-2006; Ord. 3, 2018, passed 8-1-2018; Ord. 6, 2010, passed 12-22-2010)